In this phase, the architect will assess and determine final completion and issue the final certificate. This is granted by the architect typically one year after practical completion. If final completion is determined the final half of the retention is released.
‘A final certificate is a certificate issued by the architect at the end of a construction contract to show the amount of the final payment due to the contractor and to certify that the works have been completed in accordance with the contract ’ (Construction Industry Terminology, Standen, 2000).
A final certificate under some contracts is 'conclusive evidence' that all obligations under the contract have been fulfilled, subject to certain exceptions. In ABIC contracts it is simply 'evidence' which is subject to similar exceptions. The exceptions in most standard-form contracts including ABIC contracts cover errors in the certificate resulting from fraud or arithmetical computation and undiscovered (latent) defects.
Some clients may require the contractor to sign a 'release of all claims' before the final payment is made. It is unlikely that this would avoid the exceptions identified above.
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